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Will Contest Grounds

Explore the grounds for contesting a will, including lack of legal and testamentary capacity, testamentary intent, and failure to meet formalities. Learn about the "classic" definition of insane delusions, distinguishing them from false beliefs. Discover how the nexus requirement impacts the validity of a will.

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Will Contest Grounds

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Presentation Transcript

  1. Will Contest Grounds

  2. Failure to meet will requirements • Lack of Legal Capacity • Lack of Testamentary Capacity • Lack of Testamentary Intent • Failure to Satisfy Formalities

  3. Insane Delusions

  4. “Classic” Definition • Testator believes a state of supposed facts that: • 1. Do not exist, and • 2. No rational person would believe.

  5. Examples • 1. Gulf Oil • 2. Maringo • 3. Lindley – p. 244

  6. Analysis of Definition • Is classic definition a good test? • How tell an insane delusion from a false belief?

  7. Nexus Requirement • Even if testator had an insane delusion, will remains valid unless insane delusion impacts property disposition.

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